ט"ז אלול תשעז“ Thursday, Sep 7 2017 ן נ“ג סנהדרי OVERVIEW of the Daf Distinctive INSIGHT to apply stoning to other cases גזירה שוה Strangulation for adultery (cont.) The source of the (1 ואלא מכה אביו ואמו קא קשיא ליה, למיתי ולמיגמר מאוב וידעוני R’ Yoshiya’s opinion in the Beraisa is unsuccessfully וכו ‘ ליגמרו מאשת איש, דאי אתה רשאי למושכה להחמיר עליה וכו‘ .challenged at the bottom of 53b lists אלו הן הנסקלין Stoning T he Mishnah of (2 The Mishnah later derives other cases of stoning from a many cases which are punished with stoning. R’ Zeira notes gezeirah shavah from Ov and Yidoni. R’ Zeira questions that the Torah only specifies stoning explicitly in a handful גזירה שוה of cases, while the other cases are learned using a דמיהם בם or the words מות יומתו whether it is the words Rashi states that the cases where we find . אוב וידעוני that are used to make that gezeirah shavah. from -stoning explicitly are idolatry, adultery of a betrothed maid . דמיהם בם Abaye answers that it is from the words Abaye’s explanation is defended. en, violating the Shabbos, sorcery and cursing the name of R’ Acha of Difti questions what would have bothered R’ God. Aruch LaNer points out that there are three addition- Zeira had the gezeirah shavah been made from the words al cases where we find stoning mentioned outright (i.e., sub- ,mitting one’s children to Molech, inciting others to idolatry . מות יומתו In any case, there .( בן סורר ומורה—After R’ Acha of Difti suggests and rejects a number of and an recalcitrant son גזירה possible explanations Ravina explains what was troubling R’ are several cases of stoning which are derived from the R’ Zeira asks Abaye to identify the source from which . שוה .Zeira or is it the ” מות יומתו “ this lesson is learned; is it the words ?” דמיהם בם “ MISHNAH: The Mishnah enumerates the transgres- words (3 sions that carry the execution method of stoning. Abaye answered that they are learned from the words are used to teach ” מות יומתו “ and the words ”, דמיהם בם“ 4) R’ Yehudah’s position another halacha, that if the prescribed death penalty for a The Gemara explains the rationale behind R’ Yehu- particular case cannot be applied, we should use any method dah’s position which is built on the principle that kiddush- available to put the criminal to death. in does not take effect with a woman prohibited by an ordi- The Gemara notes that R’ Zeira was satisfied with this nary prohibition. is גזירה שוה answer, and had Abaye responded that the The assertion that R’ Yehudah maintains that kiddush- .he would have had a problem ” מות יומתו “ learned from in does not take effect with a woman prohibited by an ordi- The Gemara probes to find what that problem would have nary prohibition is unsuccessfully challenged. ” מות יומתו “ been. One suggestion is that if the words R’ Yitzchok cited a Beraisa that supports our present indicate that the death penalty of stoning is applied, R’ Zeira understanding of R’ Yehudah’s position. felt that the case of striking one’s parent (and drawing Abaye suggests one source that one is not liable for the blood) would deserve stoning, whereas we know that it gets (Continued on page 2) .to adultery גזירה שוה due to a different ,( חנק ) strangulation The Gemara quickly notes that this would not have been a problem, because the rule is that when we have a choice of .we always use the more lenient of the two , גזירות שוות REVIEW and Remember two 1. Which transgression serves as the source for other trans- Here, we would certainly learn striking a parent from adul- gressions? tery and that it would be liable for strangulation, rather than .and have it be liable for stoning אוב וידעוני learn it from _________________________________________ 2. What is R’ Akiva position regarding which marriages do Rather, the Gemara concludes that R’ Zeira would have not take effect? been bothered by all other unspecified cases where the appear. If these words are the link by ” מות יומתו “ words _________________________________________ ,which we derive the appropriate death penalty in these cases ? איסור קדושה What is an .3 _________________________________________ we would incorrectly associate them to adultery and con- אוב and not connect them with , חנק According to Rava, what is the source of R’ Yehudah’s clude that they receive .4 . סקילה and the penalty of וידעוני ?position מיתה Tosafos points out that the rule is that unspecified ________________________________________ (Continued on page 2) סנהדרין נ“ ג —Number 1863 (Insight...continued from page 1) גזירה שוה so why would a , חנק HALACHAH Highlight in the Torah already refers to and אוב וידעוני be needed unless to link these cases to He answers that the intent is that we would have ? סקילה The mitzvah to listen to the words of Chazal murder) and assign them) רוצח to גזירה שוה wrongly used a שמצוה לשמוע דברי חכמים . סייף For it is a mitzvah to listen to the words of Chazal the penalty of M inchas Yitzchok 1 has a lengthy discussion about the the light of a lamp because he will be careful not to touch the correct placement of the bimah in shul. He notes that alt- lamp. One Friday night as he was reading he reached out his hough Rambam 2 explains that the placement is so that people hand to adjust the light and when he caught himself he ex- could hear, implying that placement is just a means to assure claimed with the words, “How great are the words of Chacha- that the people could hear, nevertheless, the requirement is mim who said not to read by the light of the lamp.” Explains that it must be in the center in all circumstances. Even in a Teshuva Ma’ahava that R’ Yishmael ben Elisha was praising small shul where it will be possible to hear wherever the bi- the wording of Chazal in the Mishnah as opposed to the mah is placed the requirement is that it should be in the mid- Tosefta. The Mishnah did not give a reason for the restriction dle. In fact, the sources for this halacha in Chazal do not give and thus there is no room for a person to think that there is a reason for this requirement that the bimah is in the center an exception to the rule. In contrast, the Tosefta gave a rea- to indicate that the requirement applies in all circumstances. son for the ruling which led R’ Yishmael ben Elisha to think As precedent for this idea he quotes the introduction to that there could be circumstances when the restriction does Teshuvas Teshuva Ma’ahava who gives an example of not apply. Similarly, Chazal did not offer a reason for the re- Avtalyon’s aphorism (Pirkei Avos 1:11), Scholars be careful quirement to place the bimah in the center of the shul so that with your words so that the students that follow are not led to no one should think that there are exceptions to the rule. .1 שו"ת מנחת יצחק ח"ג סי' ד' אות י'. error or mistake. The Mishnah 3 rules that one may not read .2 רמב"ם פי"א מהל' תפילה ה"ג. by the light of a lamp on Shabbos. The Tosefta 4 adds that the .3 ע' גמ' שבת י"א: reason is out of fear that one will make an attempt to fix the .4 גמ' שם י"ב: light. R’ Yishmael ben Elisha decided that he could read by of their expenses—yet the rebbe treated The man immediately followed the STORIES Off the Daf him like he would have treated any Jew rebbe’s instructions to the letter without caught doing a serious crime. another word of protest. The honor of Shabbos The baker became very angry but he It goes without saying that from that tried to explain that he himself was not day he stopped supporting the rebbe and "מחלליה מות ימות..." actually violating the laws of Shabbos at this represented a loss of his main source O n today’s daf we find that one who all. “Of course no Jew is baking there. A of livelihood at that time. Nevertheless, violates Shabbos receives the death pen- small fire remained from before Shabbos the Nadvorna Rebbe did not think for a alty. and my non-Jewish workers are doing all moment about compromising the holy Rav Chaim Mordechai of Nadvorna, the baking. I stand to lose a fortune of Shabbos for his personal gain. 1 .1 הרב מרדכי גרליץ שליט"א, "תוספת - zt”l, was once beginning his tisch for the money if I cannot compete with bakeries המודיע" י"ב טבת תשס"ח, ע' כ"א third meal of Shabbos and paced the floor that have fresh goods ready the instant in great dveikus when suddenly he no- Shabbos is over. Besides, what if some- ticed smoke emerging from the chimney one needs a challah or a non-Jew wants a (Overview...continued from page 1) of a nearby bakery.Obviously someone pastry? Why should I have to take a loss prohibition of cohabiting with one’s was working at a Jewish-owned bakery on if I can arrange non-Jewish workers?” father’s wife when one cohabits with his Shabbos. The rebbe immediately rushed The rebbe did not countenance this mother. out to the owner, taking him to task for for an instant. “Either you close your This source is rejected and R’ Acha daring to violate the holy Shabbos.